Seth Stewart v. City of American Fork, Utah

In Ramos v. Louisiana, 590 U.S. 83 (2020), this Court held: “stare decisis has never been treated as “an inexorable command.” And the doctrine is “at its weakest when we interpret the Constitution” because a mistaken judicial interpretation of that supreme law is often “practically impossible” to correct through other means.”

1. Do courts therefore err when they assert stare decisis as binding? Is there an explicit constitutional basis for the doctrine of binding stare decisis, especially when used to undermine constitutional guarantees such as rights to liberty and property and the presumption of innocence, as when it is invoked to deny a defendant a jury trial contrary to State and Federal Constitutions?

2. Does classifying a charge as an 'infraction' or other designation, or perceived ambiguity in the treatment of a case as criminal or civil (or any other heading such as an “administrative” proceeding) allow for bypassing jurisdiction, procedural safeguards, and constitutional guarantees such as the right to a jury trial?

3. Under what constitutional authority can a state mandate the confiscation of property or compel the purchase of securities or other commodities, in a manner that contravenes enumerated taxation and regulatory powers and the due process clauses of both State and Federal Constitutions, and furthermore contradicts the principles underlying a State Constitution’s provision safeguarding free market operations?